The respondents then point out that Section 30 provides a schedule of disability
for injuries, disease or illness contracted. Any item in the schedule classified
under Grade I constitutes total and permanent disability entitled to a disability
allowance equivalent to US$60,000 (US$50,000 x 120%). They consider
reliance on this Courts ruling in Crystal Shipping v. Natividad;[30] Government
Service Insurance System v. Cadiz;[31] and Ijares v. Court of Appeals,[32] to be
misplaced with respect to the advocated conversion of the petitioners medical
condition from temporary to permanent disability.
The respondents stress that in the present case, the petitioner had been accorded
the necessary medical treatment, including laser treatment by companydesignated physicians, that restored his visual acuity to 20/20. He was declared
fit to work upon his return to the full possession of all his physical and mental
faculties and after he was cleared of all impediments. They contend as well that
all that the petitioner could present in support of his claim for total permanent
disability was the Grade X disability assessment issued by his private physician,
Dr. Vicaldo, that he is now unfit to work as seaman. They point out that Dr.
Vicaldo himself is not an eye specialist.
Finally, the respondents insist that neither factual nor legal basis exists for
petitioners claim of Grade I total and permanent disability benefits. Factually,
the petitioner was declared fit to work by the company-designated
physician. Legally, only blindness or total and permanent loss of vision of both
eyes is considered a Grade I disability under the terms of the POEA Standard
Employment Contract. Under its Section 30 on the portion on Eyes, only total
and permanent loss of vision of both eyes can be considered as Grade I
disability, not the petitioners claimed impairment of vision in the right eye.
THE COURTS RULING
We find no merit in the petition.